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Re: National Arbitration Forum
Posted by tw on 9/29/06

    On 8/30/06, It stops being profitable if everyone fights. wrote:
    > It depends what you want to accomplish.
    >
    > First step, you need to talk to an attorney who understands your states exemption
    > laws. You need to protect whats left from levy. In CA you could have stopped the
    > raid on your account up to a certain amount. Your state might have a similar
    > exemption right.
    >
    > Second, if you are unemployed perfect time to file BK. Is this your only debt?
    Or
    > is it just part of a bigger problem.
    >
    > Third, you need to go cash and carry for everything you can. Bank accounts are
    just
    > easy targets.
    >
    > As for the Arbitration awards. The contract probably gives them the right to take
    > it to arbitration, but I'm not sure how that allows them to get a judgment without
    > notice. Usually they have to take the arbitration award to a court and get it
    > converted to a judgment. And you should have gotten notice of that action. I doubt
    > you could have stopped it, but if you didn't get notice, then there might be way
    to
    > use that as the leverage..
    >
    >
    > On 8/30/06, Skydance wrote:
    >> On 8/22/06, Freaking wrote:
    >>> Is this below posted by someone from the forum? Because it reads that way.
    >>>
    >>> Does anyone know once the arbitration is filed, am I still allowed to request
    >>> the debt to be verified? I have been looking for a lawyer in NY who will take
    >>> this on without it costing me a fortune - the collector in question is Wolpoff
    >>> for MBNA (if legit) and they are known for bending the law - so if anyone
    >>> knows one, can they post a referral please?
    >>>
    >>>
    >>>> On 8/15/06, DebtorJoe wrote:
    >>>>> The National Arb Forum decisions are binding -- they are authorized to
    >>>>> handle debt cases in your original cardholder terms and conditions.
    >>>>> Although the NAF is not a court, they can convert an arbitration award
    >>>>> into a legal judgment and then pursue wage garnishments, etc. Definitely
    >>>>> do not ignore the NAF -- I learned this the hard way.
    >>>
    >> I just read all the posts and wanted to respond since I just came from the
    >> courthouse with a copy of my court file in hand. MBNA is just plain
    >> unbelievable! Like the other post earlier, I had agreed to a payment plan with
    >> MBNA for $175 a month. I paid it for over a year and bam! they wanted $1400 a
    >> month - no compromise. Then NCO got ahold of it (another favorite that has also
    >> had complaints brought against them under the FTC). I received a notice in Feb.
    >> 2006 that a judgment had been levied against me. The only notice I had ever
    >> received was dated 10/05 stating that the NAF had awarded $20,572 in NCO's favor
    >> (the original debt was $10,300). I had no idea that a judgment was going to be
    >> filed 6 months down the road without any kind of service for me to go to court.
    >> Of course, I'm trying to find an attorney that will even talk to me about it.
    >> None of them seem to want to mess with it. I have no idea if I have any rights
    >> whatsoever in this case. Since I never received any paperwork from NAF, it
    >> doesn't seem right to me. Don't they have to send their paperwork certified mail
    >> or something proving you received it? Oh and by the way, they did get into my
    >> bank accounts and took every penny and then I had to pay $600 in bounced check
    >> fees. They even drew out of my line of credit. I've been unemployed since 1/06
    >> so needless to say, they got me when I could least afford it.
    >> If anyone has information I could use, let me know. I'm not sure if I should try
    >> to get an attorney to fight this or if it's futile.

     
     

 
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